WilmerHale's EU Competition practice offers advice, representation and advocacy in all types of competition issues. We produce excellent legal work, with insight and expertise, based on many years of experience and a close understanding of the governmental institutions and regulatory agencies with which we deal.

We particularly like to advise and represent clients on issues which are at the intersection of law, business and policy, controversial or complex as that may be.

We have experience in all the classic areas of competition practice: mergers (both Phase 1 and 2 with remedies) before the European Commission; worldwide merger control filings, cartels (in Europe and worldwide), abuse of dominant position and State aid. We also do extensive counseling (including US and EU combined) and compliance work on all types of transactional and contractual issues.

WilmerHale's EU Competition practice offers advice, representation and advocacy in all types of competition issues. We produce excellent legal work, with insight and expertise, based on many years of experience and a close understanding of the governmental institutions and regulatory agencies with which we deal.

We particularly like to advise and represent clients on issues which are at the intersection of law, business and policy, controversial or complex as that may be.

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Contacts

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Miller, Michelle D.

Michelle D. Miller

Co-Chair, Antitrust and Competition Practice Group

+1 617 526 6116 (t)

michelle.miller@wilmerhale.com

Mueller, Thomas

Thomas Mueller

Co-Chair, Antitrust and Competition Practice Group

+1 202 663 6766 (t)

thomas.mueller@wilmerhale.com

Experience

Our premier practices in the US, the EU and China, in competition, regulatory and WTO law set us apart from other firms. For example, we have recently represented clients in the following high-profile matters:

  • Represented Cisco and secured first-phase clearance of its acquisition of Tandberg Systems in the EU and the United States subject to an innovative set of remedies negotiated with the EU and accepted by the US Department of Justice.
  • Represented Statoil in obtaining clearance of its $30 billion merger with the petroleum activities of Norsk Hydro from the European Commission and other competition authorities around the globe.
  • Represented Statoil in its acquisition of ConocoPhillips JET motor fuel stations in Scandinavia, a case resolved in Phase 2, with a complex remedy after extensive econometric review (creation of a rival station network to be divested as counterweight to perceived gain of high-performance JET network).
  • Represented long-standing firm client Lufthansa, in obtaining European Commission approval for its acquisitions of BMI British Midland, Austrian Airlines and Brussels Airlines.
  • Represented Lufthansa and Swiss International Airlines in a broad-ranging global investigation into allegations of price-fixing in the international air cargo sector. We obtained conditional amnesty for our client from the European Commission, the US Department of Justice, and in other jurisdictions, which also enabled us to negotiate an early settlement of the more than 80 pending US class actions.
  • Representing Red Hat, a leading open-source software company that distributes the Linux operating system, on various Article 102 TFEU and U.S. antitrust issues in connection with Microsoft’s conduct in the marketplace.

Our EU Competition lawyers, part of our European Union Regulatory Group, are uniquely placed to respond to client needs in a broad range of areas and sectors, including:

  • Merger Control
  • Cooperation, Cartels and Abuse of Dominance
  • State Aid
  • Trade
  • IT, Communications and E-Commerce
  • Aviation and Logistics
  • Financial Services
  • Energy and Climate Change
  • Life Sciences and Health Care
  • Environment and Waste Management including REACH
  • Litigation

Publications & News

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June 10, 2014

European Court of Justice Provides Guidance Regarding Potential Liability of Cartel Members in EU Member States for Sales by Non-Cartel Participants

Last week, the EU’s highest court, the European Court of Justice (ECJ), held that Member State laws may not categorically prohibit consumers from recovering from cartel members damages attributable to purchases from non-cartel participants that—acting independently—were able to charge inflated prices as a result of market-wide price effects from cartel behavior.

March 28, 2014

WilmerHale’s Antitrust Group Wins Litigation of the Year Award from GCR

WilmerHale's Antitrust and Competition Practice was announced the winner of the Litigation of the Year Award for the German Rail Cartel follow-on litigation in a Global Competition Review (GCR) awards ceremony held in Washington DC on March 25, 2014.

March 26, 2014

European Commission’s New Rules on Application of EU Competition Law to Licenses, Settlement Agreements and Patent Pools

On 21 March, the European Commission published the final version of its revised Block Exemption Regulation and Guidelines on the application of Article 101(3) of the Treaty on the Functioning of the European Union (TFEU) to categories of technology transfer agreements.

March 18, 2014

Unlimited Jurisdiction: A look at how the European Courts review European Commission competition law penalties

An article by John Ratliff, published in the March 18, 2014 edition of Competition Law Insight, pp. 13-14.

March 1, 2014

Major Events and Policy Issues in EU Competition Law, 2012-2013 (Parts 1 & 2)

An article by Partner John Ratliff, first published by Sweet & Maxwell in International Company and Commercial Law Review, Issues 3 & 4, 2014.

December 10, 2013

European Commission Aims to Reduce Red Tape for Companies Notifying Deals That Do Not Raise Antitrust Issues

On December 5, 2013, the European Commission (EC) announced measures to reduce the administrative burden on companies needing clearance from the EC before merging with, or acquiring, another company.

September 17, 2013

WilmerHale Antitrust Attorneys Secure Appeal Victory

In 2010, the Brussels antitrust practice was selected from a number of law firms to represent Wabco in the appeal of a €326 million (close to $435 million) fine imposed by the EU Commission for participation in the bathroom fixtures cartel (faucets, shower enclosures and ceramic basins, tubs and toilets).

May 16, 2013

Unilateral conduct in the energy sector: An overview of EU and national case law

An article by John Ratliff and Roberto Grasso, published in e-Competitions' National Competition Laws Bulletin, No. 52021.

February 28, 2013

European Commission Proposals on Technology Licenses and Patent Pools: A Summary of the Main Changes the Commission is contemplating

As part of its ongoing review of how competition law should apply to licensing, on 20 February, the European Commission published a revised draft Technology Transfer Block Exemption Regulation (the draft BE) and a revised draft of its Guidelines on the application of Article 101 of the Treaty on the Functioning of the European Union to technology transfer agreements (the draft Guidelines).

May 11, 2012

Chambers Europe 2012 Recognizes WilmerHale Lawyers and Practices

Events

March 26-28, 2014

American Bar Association: Antitrust Law 2014 Spring Meeting

Washington, DC

November 26-27, 2013

Advanced EU Competition Law 2013

Brussels, Belgium

October 3-4, 2013

The 2013 Annual Competition Law Fall Conference

Ottawa, Ontario, Canada

September 9, 2013

Kilpailuoikeus

Helsinki, Finland

May 30, 2013

Pricing Fundamentals in Europe

Webinar

May 6-7, 2013

Antitrust Institute 2013: Developments and Hot Topics

New York, New York

April 10-12, 2013

Antitrust Law 2013 Spring Meeting

Washington, DC

November 27, 2012

Advanced EU Competition Law

Brussels, Belgium

September 20, 2012

The Competition Day

Helsinki, Finland

June 14-15, 2012

IBA Antitrust Conference

Madrid, Spain